Rathnavarmaraja vs Vimla-27/02/1961

Court Fees Act, 1870—Section 12—Deficiency in court-fees—It is the matter between the Court and the State—The defendant who may believe even honestly that proper court-fee has not been paid by the plaintiff, he has no right to move the superior court by appeal or revision against the order adjudging the court-fee.

Shamsher Singh Vs Rajinder Prashad and others-03/08/1973

COURT FEES-The plaintiff had sued for a twofold declaration: (i) that the property described in the plaint was a waqf, and (ii) that certain alienations thereof by the mutwali and his brother were null and void and were ineffectual against the waqf property. It was held that the second part of the declaration was tantamount to the setting aside or cancellation of the alienations and therefore the relief claimed could not be treated as a purely declaratory one and inasmuch as it could not be said to follow directly from the declaration sought for in the first part of the relief, the relief claimed in the case could be treated as a declaration with a “consequential relief.

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